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Bug 470164 - license clause, "using the accompanying installer"
Summary: license clause, "using the accompanying installer"
Status: RESOLVED FIXED
Alias: None
Product: Gentoo Linux
Classification: Unclassified
Component: [OLD] Unspecified (show other bugs)
Hardware: All Linux
: Normal normal (vote)
Assignee: Licenses team
URL:
Whiteboard:
Keywords:
Depends on:
Blocks:
 
Reported: 2013-05-17 14:18 UTC by Andreas K. Hüttel
Modified: 2019-05-24 20:38 UTC (History)
0 users

See Also:
Package list:
Runtime testing required: ---


Attachments
National Instruments software license agreement (Linux driver software) (LICENSE.TXT,19.13 KB, text/plain)
2013-05-17 14:18 UTC, Andreas K. Hüttel
Details

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Description Andreas K. Hüttel archtester gentoo-dev 2013-05-17 14:18:14 UTC
Created attachment 348520 [details]
National Instruments software license agreement (Linux driver software)

What shall we do with a license clause like this?

=
You may install and use the SOFTWARE on as many computers in your workplace as
you desire; provided, however, that you separately install the SOFTWARE (using
the accompanying installer) on each such machine.
=

The license is for a rather complex hardware driver stack; I would love to have ebuilds for it and the drivers would definitely make Gentoo attractive for the sci-* community, but I know that writing ebuilds and eclasses for it would be a *lot* of work.

Before I put in a lot of work, I would like to clarify the resulting situation. 

Full license file is attached.
Comment 1 Andreas K. Hüttel archtester gentoo-dev 2013-05-17 14:24:43 UTC
Needless to say, the accompanying INSTALL file is imho completely useless from a Portage point of view. It consists of RPM installation heavily relying on pre- and postinstall scripts that makes every sandbox within the next lightyear shudder.
Comment 2 Ulrich Müller gentoo-dev 2013-05-17 16:08:25 UTC
(In reply to comment #0)
> =
> You may install and use the SOFTWARE on as many computers in your workplace
> as you desire; provided, however, that you separately install the SOFTWARE
> (using the accompanying installer) on each such machine.
> =

The installer is part of what they call the "Software":

   C. "Software." Means all files [...] provided with this Agreement and
   which are being installed or otherwise used.

And by their own definition, "use" means:

   The SOFTWARE is in "use" when loaded into temporary memory (i.e., RAM) or
   installed into permanent memory (e.g., hard disk, CD-ROM, network storage
   device, or other storage device).

So unpacking the installer to WORKDIR (whether it's on ramdisk or other storage doesn't matter) should be enough to satisfy the clause. ;-) 

(Disclaimer: This is no legal advice.)
Comment 3 Andreas K. Hüttel archtester gentoo-dev 2013-05-17 16:10:50 UTC
Sorry, I seriously did not remember anymore that I raised this issue with NI already. See
https://decibel.ni.com/content/thread/7362

As far as I understand the replies, the license acceptance should be covered by our ACCEPT_LICENSE mechanism.
Comment 4 Matija "hook" Šuklje 2013-05-19 17:45:53 UTC
(In reply to comment #3)
> Sorry, I seriously did not remember anymore that I raised this issue with NI
> already. See
> https://decibel.ni.com/content/thread/7362
> 
> As far as I understand the replies, the license acceptance should be covered
> by our ACCEPT_LICENSE mechanism.

Makes sense to me.
Comment 5 Ulrich Müller gentoo-dev 2019-05-24 18:18:07 UTC
Can this bug be closed?
Comment 6 Andreas K. Hüttel archtester gentoo-dev 2019-05-24 20:38:07 UTC
(In reply to Ulrich Müller from comment #5)
> Can this bug be closed?

Yes